FCC Record, Volume 3, No. 22, Pages 6204 to 6470, October 24 - November 4, 1988 Page: 6,330
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Federal Communications Commission Record
3 FCC Rcd No. 22
Federal Communications Commission
Washington, D.C. 20554
MM Docket No. 85-182
In re Applications of
File No. BPCT-850213KF
File No. BPCT-850215KL
File No. BPCT-850215KN
File No. BPCT-850215LA
File No. BPCT-850215LB
File No. BPCT-850215LG
File No. BPCT-850215LK
File No. BPCT-850215LL
File No. BPCT-850215LM
File No. BPCT-850215LN
For Construction Permit for a
New UHF Television Station at
Lauren A. Colby on behalf of Doylan Forney; Gene A.
Bechtel on behalf of Tolleson Broadcasting Corporation;
Thomas L. Root on behalf of Tolleson-Gomez Communications,
Inc.; Jerome S. Boros and Jerome S. Silber on
behalf of Alden Television, Inc.; John C. Quale, Diane Z.
Goldman and Alexandra M. Wilson on behalf of Hector
Garcia Salvatierra, Limited Partnership; M. Scott Johnson,
Ronald J. Jarvis, and Lynn M. Clancy on behalf of Aztec
Broadcasting Corporation; William E. Zimsky and Hugh P.
Taylor on behalf of Estrella Communications, Limited
Partnership; James S. Kurz on behalf of Maricopa Media,
Incorporated: Robert B. Jacobi. and Mark L. Pelesh, on
behalf of T.V. Broadcasters, Incorporated; James A. Gammon,
and Mark W. Amerman, on behalf of LI-COM Limited
Adopted: September 22,1988; Released: November 2, 1988
By the Review Board: MARINO (Chairman),
BLUMENTHAL. and ESBENSEN. Board Chairman
1. This is the latest multi-party comparative broadcast
case. See, e.g., Susan S. Mulkey, 3 FCC Rcd 590 (Rev. Bd.
1988); Washoe Shoshone Broadcasting, 3 FCC Rcd 3948
(Rev. Bd.), recon. denied, FCC 88R-52, released September
23, 1988; and Religious Broadcasting Network, 3 FCC
Rcd 4085 (Rev. Bd. 1988). Ten applicants for a new television
station on Channel 51 in Tolleson, Arizona
(immediately adjacent to Phoenix, Arizona, the nation's
22nd largest television market). were compared in the
Initial Decision (I.D.) of Administrative Law Judge Luton.
2 FCC Rcd 6935 (1987). Aztec Broadcasting Corp. (Aztec)
and T.V. Broadcasters, Inc. (TVB) were found in the I.D.
to be the top two comparative applicants, and Aztec ultimately
was "preferred" because of its enhancement credit
for broadcast experience. I.D., para. 159. All ten applicants
have filed briefs and exceptions, and oral argument was
heard on May 6, 1988. Twice following oral argument, this
case was held in abeyance to permit the parties to negotiate
a settlement. After considering the record in the light
shed by the written and oral arguments and the most
recent precedent, the Review Board has concluded that
Hector Garcia Salvatierra, Limited Partnership
(Salvatierra) is the preferred comparative applicant.
2. Background: Evidence was presented at the trial-type
comparative hearing regarding the two pivotal comparative
factors of: (a) diversification of media of mass communications;
and (b) participation of ownership in the
management of the proposed station. See Policy Statement
on Comparative Broadcast Hearings, 1 FCC 2d 393 (1965),
discussed in Religious Broadcasting Network, supra. 3 FCC
Rcd at 4085-4088. The crisp and concise I.D. sets out the
basic findings of fact (I.D., paras. 3-129) and conclusions of
law (I.D., paras. 130-156) concerning each applicant. In his
ultimate conclusions, the ALJ divided the ten applicants
into two groups. The first group of five received either a
decisive demerit on the "primary" diversification factor or
little or no credit on the "substantial factor of participation
of ownership in the management of the station,"
commonly referred to as the "integration" factor. I.D..
paras. 157-160. Eliminated from further comparison in this
initial group of five were Alden Television, Inc. (Alden)
and Doylan Forney (Forney), both of which received decisive
diversification demerits; Maricopa Media. Inc.
(Maricopa) and LI-COM Limited Partnership (LI-COM),
both of which received no (0%) integration credit; and
Estrella Communications Limited Partnership (Estrella),
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United States. Federal Communications Commission. FCC Record, Volume 3, No. 22, Pages 6204 to 6470, October 24 - November 4, 1988, book, November 1988; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc1615/m1/145/: accessed November 18, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.